The board may require a person authorized under a general permit to apply for and obtain an individual solid waste permit. The secretary or an interested person may petition the board pursuant to article 74:09 requesting the board to require a facility under a general permit to obtain an individual solid waste permit. To require a general permit facility to obtain an individual permit, the board must find that:

1. (1) The storage, processing, transportation, or disposal operations are significant contributors to the pollution of the resources of the state or that they present an existing or potential health hazard;
2. (2) The facility is not in compliance with the conditions of the solid waste general permit; or
3. (3) A change has occurred in the availability of demonstrated technology or practices for the handling or disposal of the waste.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6 , 34A-6-58.